CHAPTER 30 - LEGAL PRACTITIONERS ACT: SUBSIDIARY LEGISLATION*

INDEX TO SUBSIDIARY LEGISLATION

Council of Legal Education (Expenses) Order

Law Practice Institute (Establishment) Order

Legal Practitioners (Qualifications) (Prescribed Departments) Orders

Legal Practitioners (Disciplinary Proceedings) Rules

Disciplinary Proceedings (Consideration of Reports) Rules of Court

Legal Practitioners (Accountant’s Certificate) Regulations

Legal Practitioners (Application for Admission) Rules

Legal Practitioners (Costs) Order

Legal Practitioners (Branch Office) Regulations

Legal Practitioners (Practising Certificate) Rules

Legal Practitioners (Disciplinary Proceedings) (Practitioners' Clerks) Rules

Legal Practitioners (High Court) (Fixed Costs) Order

Students Rules

Legal Practitioners (High Court) (Fixed Costs) Order, 2000

Legal Practitioners’ (Conveyancing and Non-contentious Matters) (Costs) Order, 2000

Legal Practitioners (Costs) Order, 2001

Legal Practitioners’ Practice Rules, 2002

COUNCIL OF LEGAL EDUCATION (EXPENSES) ORDER

Arrangement of Paragraphs

   Paragraph

   1.   Title

   2.   Calculation of travelling and subsistence expenses

      SCHEDULE

[Order by the Minister]

SI 445 of 1968,

Act 13 of 1994.

1.   Title

This Order may be cited as the Council of Legal Education (Expenses) Order.

2.   Calculation of travelling and subsistence expenses

The members of the Council of Legal Education appointed pursuant to paragraphs (e), (f) and (g) of sub-section (2) of section 7 of the Act shall, when discharging their duties as such members, be paid travelling and subsistence expenses in amounts calculated at the rates shown in the Schedule.

SCHEDULE

[Paragraph 2]

A. Travelling Expenses—

   (1) Air or Rail: Cost of return ticket for air flight or first class rail journey will be refunded.

   (2) Motor Vehicle: Where journey exceeds eight kilometres, the rate of 2 fee units per kilometre will be paid.

B. Subsistence Expenses: 135 fee units per day subsistence will be paid.

[Am by Act 13 of 1994.]

LAW PRACTICE INSTITUTE (ESTABLISHMENT) ORDER

Arrangement of Paragraphs

   Order

   1.   Title

   2.   Establishment of Law Practice Institute

[Order by the Minister]

SI 269 of 1968.

1.   Title

This Order may be cited as the Law Practice Institute (Establishment) Order.

2.   Establishment of Law Practice Institute

There is hereby established, for the purposes of Part III of the Act, a Law Practice Institute.

LEGAL PRACTITIONERS (QUALIFICATIONS) (PRESCRIBED DEPARTMENTS) ORDER

Arrangement of Paragraphs

   Paragraph

   1.   Title

   2.   Prescribed departments

      SCHEDULE

[Order by the Minister]

SI 248 of 1968,

SI 287 of 1968.

1.   Title

This Order may be cited as the Legal Practitioners (Qualifications) (Prescribed Departments) Orders.

2.   Prescribed departments

The departments of Government set out in the Schedule shall be prescribed departments of Government for the purposes of section 11 of the Act.

SCHEDULE

[Paragraph 2]

1. Attorney-General’s Department.

2. Judicial Department.

3. Administrator-General’s Department.

4. Registry of Deeds.

5. Department of Legal Aid.

6. Lands Department.

LEGAL PRACTITIONERS (DISCIPLINARY PROCEEDINGS) RULES

Arrangement of Rules

   Rule

PART I
PRELIMINARY

   1.   Title

   2.   Interpretation

PART II
APPLICATIONS AGAINST PRACTITIONERS

   3.   Application against practitioner and affidavit by applicant

   4.   Committee may require further information

   5.   Dismissal of application

   6.   Notice of hearing

   7.   List of documents

   8.   Inspection of documents

   9.   Failure to appear

   10.   Evidence by affidavit

   11.   Report of findings

PART III
APPLICATIONS AT THE INSTANCE OF A PRACTITIONER HIMSELF

   12.   Application for removal from the Roll

   13.   Affidavit

   14.   Notice of hearing

   15.   Grounds of objection

   16.   Adjournment of hearing

   17.   Application of Parts II and IV

   18.   Recommendation of Committee

PART IV
GENERAL

   19.   Quorum

   20.   Hearing in private

   21.   Reference to the Council

   22.   Withdrawal of application

   23.   Adjournment of hearing

   24.   Amendment, etc., of affidavit

   25.   Costs

   26.   Notes of proceedings and inspection thereof

   27.   Service of documents

   28.   Power of Committee to dispense with documents, etc.

   29.   Extension of time

   30.   Application of Evidence Act

   31.   Admission of authenticity of documents

   32.   Summons to give evidence and produce documents

      SCHEDULE

[Rules made by the Disciplinary Committee, with the concurrence of the Chief Justice]

GN 259 of 1957,

GN 497 of 1964,

SI 72 of 1964,

SI 114 of 2003.

PART I
PRELIMINARY

1.   Title

These Rules may be cited as the Legal Practitioners (Disciplinary Proceedings) Rules.

2.   Interpretation

      (1) In these Rules, unless the context otherwise requires—

“the Committee” means the Disciplinary Committee;

“the Secretary” means the Secretary to the Committee or any deputy or person appointed by the Committee temporarily to perform the duties of that office.

      (2) Other expressions in these Rules have the meanings assigned to them in the Act.

      (3) The Interpretation and General Provisions Act applies to these Rules in the same manner as it applies to an Act.

PART II
APPLICATIONS AGAINST PRACTITIONERS

3.   Application against practitioner and affidavit by applicant

An application to the Committee to strike the name of a practitioner off the Roll of Solicitors and to require a practitioner to answer allegations contained in an affidavit shall be in writing under the hand of the applicant in the form set out in the Schedule and numbered 1, as shall be appropriate, and shall be sent to the Secretary together with an affidavit by the applicant in the form set out in the Schedule and numbered 2, or as near thereto as the circumstances may permit, stating the matters of fact on which he relies in support of his application:

Provided that where the application is made by the Society, the application may be signed and the affidavit sworn on behalf of the Society by such officer as may from time to time be prescribed by the Council.

4.   Committee may require further information

Before fixing a day for the hearing, the Committee may require the applicant to supply such further information and documents relating to the application as it thinks fit.

5.   Dismissal of application

In the case of an application against a solicitor where, in the opinion of the Committee, no prima facie case is shown in favour of the application, the Committee may dismiss the application without requiring the practitioner to answer the allegations, and without hearing the applicant. If required so to do, either by the applicant or the practitioner, the Committee shall make a formal order dismissing such application.

6.   Notice of hearing

In the case of an application against a practitioner in which, in the opinion of the Committee, a prima facie case is shown in favour of the application, the Committee shall fix a day for the hearing, and the Secretary shall serve notice thereof on each party to the proceedings and shall serve on each party, other than the applicant, a copy of the application and affidavit. There shall be at least twenty-one days between the service of any such notice and the day fixed therein for the hearing.

7.   List of documents

The notice shall be in such one of the forms set out in the Schedule and numbered 3, 4, 6 and 7, as shall be appropriate, and shall require the party to whom it is addressed to furnish to the Secretary and to every other party at least fourteen days before the day fixed for the hearing, unless the Committee directs otherwise, a list of all documents on which he intends to rely.

8.   Inspection of documents

Any party may inspect the documents included in the list furnished by any other party. A copy of any document mentioned in the list furnished by any party shall, on application and on payment of the proper charges therefor, by the party requiring it, be furnished to that party by the other within three days after the receipt of such application. All inspections within this rule shall be completed not less than seven days before the date fixed for the hearing.

9.   Failure to appear

If any party fails to appear at the hearing, the Committee may, upon proof of service on such party of the notice of hearing, proceed to hear and determine the application in his absence.

10.   Evidence by affidavit

The Committee may, in its discretion, either as to the whole case or as to any particular fact or facts, proceed and act upon evidence given by affidavit:

Provided that any party to the proceedings may require the attendance upon subpoena of any deponent to any such affidavit for the purpose of giving oral evidence, unless the Committee is satisfied that the affidavit is purely formal and that the requirement of the attendance of the deponent is made with the sole object of causing delay.

11.   Report of findings

The Committee on the termination of the hearing shall embody its findings in the form of a report to the Court which shall be signed and filed with the Registrar, and shall be open to inspection by the practitioner to whom the application relates and his counsel (if any) and also by the applicant, but shall not be open to public inspection. The evidence taken and the documents put in evidence at the hearing shall be filed with the Registrar at the same time as the findings and the report.

PART III
APPLICATIONS AT THE INSTANCE OF A PRACTITIONER HIMSELF

12.   Application for removal from the Roll

An application by a practitioner to procure his name to be removed from the Roll shall be made by way of affidavit in the form set out in the Schedule and numbered 5.

13.   Affidavit

The affidavit shall be sent to the Secretary and a copy thereof to the Society, and unless the Committee directs otherwise, shall be supported by letters from two practising practitioners to whom the applicant is known.

14.   Notice of hearing

The Committee may decide upon the application without requiring the attendance of the applicant. In any other case the Committee shall fix a day for the hearing and the Secretary shall serve notice thereof on the applicant and the Registrar at least twenty-one days before the day fixed for the hearing. The Committee may, if it thinks fit, require the applicant to give notice of his application and of the day fixed for the hearing by advertisement or otherwise, as it may direct.

15.   Grounds of objection

If any person desires to object to the application, he shall give notice in writing to the applicant, the Society and the Secretary at least seven days before the day fixed for the hearing, specifying the grounds of his objection.

16.   Adjournment of hearing

If the objector appears on the day fixed for the hearing, and if the Committee is of opinion, after hearing the parties or either of them (if it thinks fit so to do), that the notice discloses a prima facie case for inquiry, it shall adjourn the hearing and shall give directions relating to the adjourned hearing, including directions as to the party on whom the burden of proof shall lie.

17.   Application of Parts II and IV

The Rules contained in Parts II and IV shall apply mutatis mutandis to the hearing of any application under this Part.

18.   Recommendation of Committee

In respect of any application by a practitioner to procure his name to be removed from the Roll, the Committee may recommend to the Chief Justice that the name of the practitioner be removed from the Roll, or that the application be refused, and on such refusal may make such order as to the costs as it thinks fit.

PART IV
GENERAL

19.   Quorum

Three members of the Disciplinary Committee shall constitute a quorum:

Provided that the Committee shall not sit unless it is made up of an odd number of members.

[Rule 19 subs by rule 2 of SI 114 of 2003.]

20.   Hearing in private

The Committee shall hear all applications in private.

21.   Reference to the Council

The Committee may, at any stage of the proceedings against a solicitor, refer the case to the Council and may adjourn the application pending the consideration thereof by the Council in case the Council should see fit either to lodge a further application against the practitioner or to undertake on behalf of the original applicant the prosecution of his application.

22.   Withdrawal of application

Unless the Committee directs otherwise, no application shall be withdrawn after it has been sent to the Secretary. Where a party has applied for leave to withdraw his application, the Committee may, upon such terms as to costs or otherwise as it shall think fit, grant such leave, or of its own motion or upon the application of any party, adjourn the hearing.

23.   Adjournment of hearing

The Committee may, of its own motion or upon the application of any party, adjourn the hearing upon such terms as to costs, or otherwise, as the Committee shall think fit.

24.   Amendment, etc., of affidavit

If upon the hearing it shall appear to the Committee that the allegations in the affidavit require to be amended, or added to, the Committee may permit such amendment, or addition, or if in the opinion of the Committee such amendment or addition is not within the scope of the affidavit, may require the same to be embodied in a further affidavit:

Provided that if such amendment, or addition, shall be such as to take any party by surprise, or prejudice the conduct of his case, the Committee shall grant an adjournment of the hearing, upon such terms as to costs, or otherwise, as the Committee shall think fit.

25.   Costs

Upon the hearing, or determination, of any application, the Committee may, in the case of an application against a practitioner, without finding any misconduct proved against the practitioner, nevertheless order any party to pay the costs of the proceedings if, having regard to his conduct and to all the circumstances of the case, the Committee shall think fit.

26.   Notes of proceedings and inspection thereof

Shorthand notes of proceedings may be taken by a person appointed by the Committee; and any party who appeared at the proceedings shall be entitled to inspect the transcript thereof. The shorthand writer shall, if required, supply to the Committee and to any person entitled to be heard upon an appeal against an order of the Committee, and to the Society, but to no other person, a copy of the transcript of such notes on payment of his charges. If no shorthand notes be taken, the Chairman of the Committee shall take a note of the proceedings, and the provisions of this rule as to inspection and taking of copies shall apply to such note accordingly.

27.   Service of documents

Service of any notice or document may be effected under these Rules by registered “A.R.” letter addressed, in the case of a practitioner, to his place of business appearing in the register compiled under section 33 (2) of the Act and, in every other case, to the last known place of business or abode of the person to be served, and such service shall be deemed to be effected at the time when the letter would be delivered in the ordinary course of post.

28.   Power of Committee to dispense with documents, etc.

The Committee may dispense with any requirements of these Rules respecting notices, affidavits, documents, service, or time, in any case where it appears to the Committee to be just so to do.

29.   Extension of time

The Committee may extend the time for doing anything under these Rules.

30.   Application of Evidence Act

The Evidence Act shall apply in relation to proceedings before the Committee in the same manner as it applies in relation to civil and criminal proceedings.

31.   Admission of authenticity of documents

   (1) Any party may, by notice in writing at any time not later than nine days before the day fixed for the hearing, call upon any other to admit any document, saving all just exceptions, and if such other party desires to challenge the authenticity of the document, he shall, within six days after service of such notice, give notice that he does not admit the document and requires it to be proved at the hearing.

   (2) If such other party refuses or neglects to give notice of non-admission within the time prescribed in sub-rule (1), he shall be deemed to have admitted the documents unless otherwise ordered by the Committee.

   (3) Where a party gives notice of non-admission within the time prescribed by sub-rule (1) and the document is proved at the hearing, the costs of proving the document shall be paid by the party who has challenged the document whatever the decision of the Committee may be, unless in its findings the Committee shall find that there were reasonable grounds for not admitting the authenticity of the document.

   (4) Where a party proves a document without having given notice to admit under sub-rule (1), no costs of proving the document shall be allowed on taxation, unless otherwise directed by the Committee, except where the omission to give notice to admit is in the opinion of the Taxing Master a saving of expense.

32.   Summons to give evidence and produce documents

A subpoena issued under section 19(2) or 34(5) of the Act shall be in such one of the forms set out in the Schedule and numbered 6 and 7, as shall be appropriate.

SCHEDULE

PRESCRIBED FORMS

FORM 1

[Rule 3]

FORM OF APPLICATION AGAINST A PRACTITIONER

To: The Secretary to the Disciplinary Committee constituted under the Legal Practitioners Act.

In the matter of C.D.,* a Practitioner, and

In the matter of the Legal Practitioners Act.

I, the undersigned, A.B. hereby make application—

   (a)      that C.D.* of †......................................................................................................, Practitioner, may be required to answer the allegations contained in the affidavit which accompanies this application; and

   (b)      that the name of C.D.* of †.........................................................................................Solicitor,

may be struck off the Roll of Practitioners; or

      (c)   that such other order may be made as the Committee shall think right.

In witness whereof I have hereunto set my hand this .............................................................day of......................, 19.........

..................... Signature.

..................... Address.

..................... Profession, business, or occupation.

* The full name must be stated. Initials are not sufficient. The names may be obtained by an inspection of the Register of Practitioners at the Law Association of Zambia during usual office hours.

† Last known place or places of business of the Practitioner.

‡ The applicant may, but need not, strike out either (a) or (b). The applicant may, but need not, strike out either (a) or (b)

FORM 2

[Rule 3]

FORM OF AFFIDAVIT BY APPLICANT

In the matter of C.D., a Practitioner, and

In the matter of the Legal Practitioners Act.

I, * A.B., of ...............................................................................................................make oath and say as follows—

   (1) † C.D., of ..............................................................................................................., Solicitor, practising at ...............................................................................................................in the firm of.............................. has been employed by me in a professional capacity for the last ...................... years (or as the case may be).

   (2) (Here state the facts concisely in numbered paragraphs, and show deponent’s means of knowledge.)

Sworn by the said ...............................
at ......................... on the ................. day of..................................................19...... .
Before me ...........................................

}

...........................................

* Insert full name, address and description.
† Insert full name and last known place of business.

FORM 3

[Rule 7]

FORM OF NOTICE TO APPLICANT BY THE SECRETARY TO THE DISCIPLINARY COMMITTEE

In the matter of C.D., a Practitioner, and

In the matter of the Legal Practitioners Act.

To: A.B., of................................

The ................... day of ......................... is the day fixed by the Disciplinary Committee constituted under the Legal Practitioners Act for the hearing of your application in the matter of C.D., practitioner.

The Committee will sit at the .....................................................................................................Lusaka, at ................... o’clock in the ................... noon.

You are required by the Legal Practitioners (Disciplinary Proceedings) Rules to furnish to every other party to the application and to the Secretary to the Disciplinary Committee at Farmers’ House, Cairo Road, Lusaka, at least fourteen days before the said ........................................................................................................................... day of ...................... a list of all the documents on which you propose to rely.

Any party may inspect the documents included in the list furnished by any other, and a copy of any document mentioned in the list of any party must, on application and on payment by the party requiring it of the proper charges, be furnished to that party by the other within three days after receipt of such application.

If any party shall fail to appear and the Committee decides to proceed in his absence, any party appearing must be prepared to prove service, in accordance with the Legal Practitioners (Disciplinary Proceedings) Rules, of the list of documents and any other notice or correspondence since the lodging of the application.

You are requested to acknowledge the receipt of this notice without delay.

Dated this ...................... day of ................., 19......

.......................................................................

Secretary to the Committee

   (N.B.— A print of the Legal Practitioners (Disciplinary Proceedings) Rules is sent herewith for your information and guidance.)

FORM 4

[Rule 7]

FORM OF NOTICE TO PRACTITIONERS BY THE SECRETARY TO THE DISCIPLINARY COMMITTEE

In the matter of C.D., a Practitioner, and

In the matter of the Legal Practitioners Act.

To: C.D., of ................................ , Practitioner.

Application has been made by A.B., of ........................................................................................................................... to the Disciplinary Committee constituted under the Legal Practitioners Act, that you may be required to answer the allegations contained in the affidavit, whereof a copy accompanies this notice, and that your name may be struck off the Roll of Practitioners, or that such order may be made as the Committee shall think right.

The.......................................................................day of................., is the day fixed by the Committee for the hearing of the application. The Committee will sit at the ....................................................................... ....................................................................... Lusaka at .................o’clock in the ............... noon.

If you fail to appear, the Committee may, in accordance with the Legal Practitioners (Disciplinary Proceedings) Rules, proceed in your absence.

You are required by the said Rules to furnish to every other party to the application and to the Secretary to the Disciplinary Committee at Farmers’ House, Cairo Road, Lusaka, at least fourteen days before the said .................. day of ................, a list of all the documents on which you propose to rely.

Any party may inspect the documents included in the list furnished by any other, and a copy of any document mentioned in the list of any party must, on application and on payment by the party requiring it of the proper charges, be furnished to that party by the other within three days after receipt of such application.

You are required to acknowledge the receipt of this notice without delay.

Dated this .................day of .............., 19.......

.......................................................................

Secretary to the Committee

   (N.B. — A print of the Legal Practitioners (Disciplinary Proceedings) Rules is sent herewith for your information and guidance.)

FORM 5

[Rule 12]

FORM OF AFFIDAVIT BY APPLICANT, BEING A LEGAL PRACTITIONER

In the matter of C.D., a Practitioner. and

In the matter of the Legal Practitioners Act.

I, C.D., of ....................................................... make oath and say as follows:

   (1) I was admitted a practitioner on the .......day of.......

   (2) I desire that my name may be removed from the Roll of Practitioners for the following reasons:

(Here state the reasons.)

   (3) I am not aware of, and do not know of any cause for, any application to the Court or to the Disciplinary Committee constituted under the Legal Practitioners Act, that my name may be struck off the Roll of Practitioners, or that I should answer the allegations contained in an affidavit. I do not make this application for the purpose of evading any adverse application, or of defeating or delaying any claim upon me as a practitioner.

Sworn by the said ...............................
at ......................... on the ................. day of..................................................19...... .
Before me ...........................................

}

...........................................

* Insert full name, address and description.
† Insert full name and last known place of business.

FORM 6

[Rules 7 and 32]

FORM OF SUBPOENA AD TESTIFICANDUM

In the matter of C.D., a Practitioner, and

In the matter of the Legal Practitioners Act.

To:

You are commanded to attend before the Disciplinary Committee constituted under the Legal Practitioners Act at .................................... on ....................................................................... day, the ................ day of ................. at the hour of ..................in the ................ noon, and so from day to day until the application in the above matter is heard, to give evidence on behalf of .......................................................................

WITNESS

Chief Justice of Zambia, the ...............day of ....................................................................... in the year of Our Lord one thousand nine hundred and.......

FORM 7

[Rules 7 and 32]

FORM OF SUBPOENA DUCES TECUM

In the matter of C.D., a Practitioner, and

In the matter of the Legal Practitioners Act.

To:

You are commanded to attend before the Disciplinary Committee constituted under the Legal Practitioners Act at .............................................................................................................................................. on ................ day, the ................ day of ............... at the hour of ............ in the ................. noon, and so from day to day until the application in the above matter is heard, to give evidence on behalf of ....................................................................... and also to bring with you and produce at the time and place aforesaid (specify documents to be produced).

WITNESS

Chief Justice of Zambia, the .................day of ................................................................... in the year of Our Lord one thousand nine hundred and.......

DISCIPLINARY PROCEEDINGS (CONSIDERATION OF REPORTS) RULES OF COURT

Arrangement of Rules

   Rule

   1.   Title

   2.   Notice of consideration by Court of report of Disciplinary Committee

   3.   Addresses for service

      SCHEDULE

[Rules by the Chief Justice]

GN 211 of 1958,

GN 497 of 1964.

1.   Title

These Rules may be cited as the Disciplinary Proceedings (Consideration of Reports) Rules of Court.

2.   Notice of consideration by Court of report of Disciplinary Committee

Any notice required to be given under the provisions of section 21(2) of the Act shall be substantially in the form prescribed in the Schedule with such modifications as the circumstances may require.

3.   Addresses for service

Upon the laying before the Court of a copy of a report as provided by section 18(3)(c)(i) of the Act, the Secretary to the Disciplinary Committee shall furnish the Court with an address at which notices may be served upon him and a further address at which the practitioner may be served and any notices to be given under section 21 of the Act shall be served if left at or sent by registered post to the person to whom it is directed at such respective addresses.

SCHEDULE

[Rule 2]

In the High Court for Zambia.

In the matter of the Legal Practitioners Act, and

In the matter of ......................................................................., a Practitioner.

NOTICE OF CONSIDERATION BY COURT OF REPORT OF DISCIPLINARY COMMITTEE

WHEREAS in pursuance of section 18 of the Legal Practitioners Act (hereinafter referred to as “the Act”), the Disciplinary Committee, established under section 4 of the Act, has prepared a report duly signed pursuant to section 18(3)(b) of the Act embodying certain findings in the matter of an application made to and heard by the said Committee concerning the above-mentioned practitioner under section 18(1) of the Act, a copy of which report accompanies this notice;

AND WHEREAS the said report has been filed with the Registrar of this Court and a further signed copy thereof, together with the evidence taken and the documents put in evidence at the hearing, has been laid before the Court:

NOW THEREFORE TAKE NOTICE that the Court has set down such report for consideration at ........................................ o’clock in the ........................................ noon on ........................................ the ........................................ day of ........................................19........

Dated the ........................................ day of ........................................ 19 .........

Registrar

To: The Secretary to the Disciplinary Committee constituted under the Legal Practitioners Act.

And to: ................................................................................, Esq., the above-mentioned practitioner.

LEGAL PRACTITIONERS (ACCOUNTANT’S CERTIFICATE) REGULATIONS

[Section 90]

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Interpretation

   3.   Certificate

   4.   Non-compliance

   5.   Evidence of delivery of certificate

   6.   Exemption of certain officers

   7.   Qualification of accountant

   8.   Details of work to be done by accountant

   9.   Form of certificate

   10.   Delivery of certificate unnecessary

   11.   Transitional provisions

   12.   Special accounting periods

   13.   Notices to practitioners

   14.   Notices to accountants

   15.   Waiver

      SCHEDULE

[Regulations made by the Disciplinary Committee, with the concurrence of the Chief Justice]

SI 9 of 1975.

1.   Title

These Regulations may be cited as the Legal Practitioners (Accountant’s Certificate) Regulations.

2.   Interpretation

In these Regulations, unless the context otherwise requires—

“accountant” means a person qualified in accordance with the provisions of regulation 7;

“practice year” means each period of twelve months ending with the 31st December;

“public officer” means an officer holding one of the offices to which sub-section (2) of section 3 of the Act applies;

“Secretary” means the Secretary for the time being of the Association.

3.   Certificate

   (1) Except in the circumstances in which regulation 10 applies, every practitioner shall once in each practice year deliver to the Association a certificate signed by an accountant and complying with the provisions of this regulation (which certificate is in these Regulations referred to as “an accountant’s certificate”).

   (2) Accounting period

Subject to the provisions of regulations 11 and 12, the accounting period for the purposes of an accountant’s certificate shall

      (a)   begin at the expiry of the last preceding accounting period for which an accountant’s certificate shall have been delivered;

      (b)   cover not less than twelve months;

      (c)   terminate not more than six months before the date of the delivery of the certificate to the Association;

      (d)   where possible, consistently with paragraphs (a), (b) and (c), correspond to a period or consecutive periods for which the accounts of the practitioner or his firm are ordinarily made up.

4.   Non-compliance

If any practitioner fails to comply with the provisions of these Regulations, a complaint in respect of that failure may be made by or on behalf of the Association to the Disciplinary Committee under the provisions of the Legal Practitioners (Disciplinary Proceedings) Rules.

5.   Evidence of delivery of certificate

A certificate under the hand of the Secretary shall, until the contrary is proved, be evidence that a practitioner has or has not, as the case may be, delivered to the Association an accountant’s certificate or supplied any evidence required under these Regulations.

6.   Exemption of certain officers

Where a practitioner is employed as a public officer—

      (a)   nothing in these Regulations shall apply to him unless he takes out a practising certificate;

      (b)   an accountant’s certificate shall in no case deal with books, accounts or documents kept by him in the course of his employment as a public officer;

      (c)   no examination shall be made of those books, accounts and documents under these Regulations.

7.   Qualification of accountant

   (1) An accountant shall be qualified to give an accountant’s certificate on behalf of a practitioner if—

      (a)   he is a member of—

      (i)   The Zambia Association of Accountants and is in practice as an accountant as a principal on his own account or in partnership; or

      (ii)   The Institute of Chartered Accountants in England and Wales; or

      (iii)   The Institute of Chartered Accountants in Ireland; or

      (iv)   The Institute of Chartered Accountants of Scotland; or

      (v)   The Association of Certified Accountants of England and Wales; and

      (b)   he has neither been at any time during the accounting period, nor subsequently, before giving the certificate, become a partner, clerk or servant of such practitioner or of any partner of his; and

      (c)   he is not subject to notice of disqualification under sub-regulation (2).

   (2) In either of the following cases, that is to say where—

      (a)   the accountant has been found guilty by the Disciplinary Tribunal of his professional body of professional misconduct or discreditable conduct; or

      (b)   the Council are satisfied that a practitioner has not complied with the provisions of Part VIII of the Act in respect of matters not specified in an accountant’s certificate and that the accountant was negligent in giving such certificate, whether or not an application be made for a grant out of the Compensation Fund;

the Council may, at their discretion, at any time notify the accountant concerned that he is not qualified to give an accountant’s certificate, and they may give notice of such fact to any practitioner on whose behalf he may have given an accountant’s certificate, and after such accountant shall have been so notified, unless and until such notice of disqualification shall have been withdrawn by the Council, shall not be qualified to give an accountant’s certificate. In coming to their decision, the Council shall take into consideration any observations or explanations made or given by such accountant or on his behalf by the professional body of which he is a member.

8.   Details of work to be done by accountant

   (1) With a view to the signing of an accountant’s certificate, an accountant shall not be required to do more than—

      (a)   make a general test examination of the books of account of the practitioner;

      (b)   ascertain whether a client account is kept;

      (c)   make a general test examination of the bank passbooks and statements kept in relation to the practitioner’s practice;

      (d)   make a comparison as at not fewer than two dates selected by the accountant between—

      (i)   the liabilities of the practitioner to his clients as shown by his books of account; and

      (ii)   the balances standing to the credit of the client account; and

      (e)   ask for such information and explanations as he may require arising out of (a) to (d) above.

   (2) If, after making the investigation prescribed by sub-regulation (1), it appears to the accountant that there is evidence that Part VIII of the Act has not been complied with, he shall make such further investigation as may be necessary to enable him to sign the accountant’s certificate.

9.   Form of certificate

An accountant’s certificate delivered by a practitioner under these Regulations shall be in the form set out in the Schedule.

10.   Delivery of certificate unnecessary

The Council will in each practice year be satisfied that the delivery of an accountant’s certificate is unnecessary, and shall not require evidence of that fact, in the case of any practitioner who—

      (a)   holds his first current practising certificate; or

      (b)   after having for twelve months or more ceased to hold a current practising certificate, holds his next current practising certificate; or

      (c)   holds a current practising certificate after having, in the declaration lodged by him with the Secretary to lead to the issue of that practising certificate, declared that either—

      (i)   Part VIII of the Act did not apply to him because he had not, during the period to which such declaration referred, practised on his own account either alone or in partnership or held or received client’s money; or

      (ii)   he was exempt from complying with Part VIII of the Act by virtue of the provisions of subsections (1) and (2) of section 3 of the Act, and had not, during the period to which such declaration referred, engaged in private practice; or

      (d)   has ceased to hold a current practising certificate and, if he has at any time after the 31st December, 1959, held or received client’s money, has delivered an accountant’s certificate covering an accounting period ending on the date upon which he ceased to hold or receive client’s money; or

      (e)   has at no time since the 31st December, 1959, held a current practising certificate; or

      (f)   has at no time since the 31st December, 1959, held or received client’s money.

11.   Transitional provisions

The accounting period specified in an accountant’s certificate delivered during the practice year beginning on the 1st January, 1961, shall begin on—

      (a)   the date to which the practitioner’s books were last made up before the 1st January, 1961; or

      (b)   if the books were not made up during the practice year beginning on the 1st January, 1960, either the 1st January, 1960, or the day upon which the practitioner first began or began again to hold or receive client’s money, whichever be the later; and shall cover not less than six months, or, in the case of a practitioner retiring from practice who has ceased to hold or receive client’s money after the 31st December, 1959, the period up to the date upon which he so ceased.

12.   Special accounting periods

   (1) In any practice year beginning on or after the 1st January, 1962—

      (a)   in the case of a practitioner who—

      (i)   becomes under an obligation to deliver his first accountant’s certificate; or

      (ii)   having been exempt under regulation 10 from delivering an accountant’s certificate in the preceding practice year, becomes under an obligation to deliver an accountant’s certificate;

the accounting period shall begin on the date upon which he first held or received client’s money, or, after such exemption, began again to hold or receive client’s money and may cover less than twelve months, and shall in all other respects comply with the requirements of sub- regulation (2) of regulation 3; and

      (b)   in the case of a practitioner retiring from practice who, having ceased to hold or receive client’s money, is under an obligation to deliver his final accountant’s certificate, the accounting period shall end on the date upon which he ceased to hold or receive client’s money and may cover less than twelve months, and shall in all other respects comply with the requirements of sub-regulation (2) of regulation 3.

   (2) In any practice year beginning on or after the 1st January, 1962, in the case of a practitioner who—

      (a)   was not exempt under regulation 10 from delivering an accountant’s certificate in the preceding practice year; and

      (b)   since the expiry of the accounting period covered by such accountant’s certificate has become, or ceased to be a member of a firm of practitioners;

the accounting period may cover less than twelve months and shall in all other respects comply with the requirements of sub-regulation (2) of regulation 3.

   (3) Branch or other offices

In the case of a practitioner who has two or more places of business—

      (a)   separate accounting periods covered by separate accountant’s certificates may be adopted in respect of each such place of business, provided that the accounting periods comply with the requirements of these Regulations; and

      (b)   the accountant’s certificate or accountants’ certificates delivered by him to the Secretary in each practice year shall cover all client’s moneys held or received by him.

13.   Notices to practitioners

Every notice to be given by the Council under these Regulations to a practitioner shall be in writing under the hand of the Secretary and sent by registered post to the place of business or one or other of the places of business, as the case may be, set out in the last written declaration made by the practitioner to the Association in accordance with the provisions of section 33 of the Act, and, when so given and sent, shall be deemed to have been received by the practitioner within seven days of the time of posting.

14.   Notices to accountants

Every notice to be given by the Council under these Regulations to an accountant shall be in writing under the hand of the Secretary and sent by registered post to the address of the accountant shown on an accountant’s certificate or appearing in the records of the accountancy body of which the accountant is a member, and, when so given and sent, shall be deemed to have been received by the accountant within seven days of the time of posting.

15.   Waiver

The Council shall have power to waive in writing any of the provisions of these Regulations other than those of sub-regulation (2) of regulation 7, in any particular case.

SCHEDULE

FORM OF ACCOUNTANT’S CERTIFICATE

[Regulation 9]

NOTE.—In the case of a firm with a number of partners, carbon copies of the certificate may be delivered provided section 1 below is completed on each certificate with the name of the individual practitioner.

1. Practitioner’s full name ...............................................................................................................

2. Firm(s) name(s) and address(es) ..............................................................................................

..........................................................................................................................................................

NOTE. —All addresses at which the practitioner(s) practise(s) must be covered by an accountant’s certificate or certificates.

3. State whether practising alone or in partnership .........................................................................

..........................................................................................................................................................

4. Accounting period(s) ....................................................................................................................

NOTE. —The period(s) must comply with the Legal Practitioners (Accountant’s Certificate) Regulations.

In compliance with the Legal Practitioners (Accountant’s Certificate) Regulations,

I, ......................................................................................................................................................., have examined the books, accounts and documents of the above-named practitioner or relating to the above practice(s) produced to me and I hereby certify that from my examination pursuant to regulation 8 of the said Regulations, and from the explanations and information given to me, I am satisfied that—

*(1) during the above-mentioned period(s) he has complied with the provisions of Part VIII of the Legal Practitioners Act except so far as concerns—

      (a)   certain trivial breaches due to clerical errors or mistake(s) in book-keeping, all of which were rectified on discovery; I am satisfied that none of such breaches resulted in any loss to any client;

      (b)   the matters set out on the back hereof;

*(2) having retired from active practice as a practitioner the said ............................................... ......................................................................................................ceased to hold client’s money on the .......................................................................................................................

Particulars of the Accountant:

Full name ...................................................................................................................................

Qualifications .............................................................................................................................

Firm name .................................................................................................................................

Address .....................................................................................................................................

Signature....................................................................................................................................

Date............................................................................................................................................

To the Secretary

The Law Association of Zambia

P.O. Box 34271

Lusaka

*Delete clause not applicable

LEGAL PRACTITIONERS (APPLICATION FOR ADMISSION) RULES

[Section 13]

Arrangement of Rules

   Rule

   1.   Title and commencement

   2.   Form of application for admission

      FIRST SCHEDULE

      SECOND SCHEDULE

[Rules by the Court Justice]

SI 145 of 1981.

1.   Title and commencement

These Rules may be cited as the Legal Practitioners (Application for Admission) Rules, and shall come into force simultaneously with the Legal Practitioners (Amendment) Act.

2.   Form of application for admission

Every application for admission as a practitioner made under section 13 of the Act shall be—

      (a)   by petition in the form set out in the First Schedule hereto; and

      (b)   supported by affidavit in the form set out in the Second Schedule hereto.

FIRST SCHEDULE

[Paragraph 2]

19 ....... HP/LP .........

IN THE HIGH COURT FOR ZAMBIA AT THE PRINCIPAL REGISTRY, LUSAKA

IN THE MATTER OF: THE LEGAL PRACTITIONERS ACT, 1973 AND

IN THE MATTER OF: A PETITION BY ......................................................................................

FOR ADMISSION AS A PRACTITIONER

TO: THE HONOURABLE CHIEF JUSTICE

PETITION

The humble Petition of ...............................................................................................................
of ................................................................................................................................................
in the Republic of Zambia, showeth:

1. That your Petitioner prays to be admitted as Practitioner in accordance with the provisions of section 13 of the Legal Practitioners Act, 1973.

2. That your Petitioner was, upon satisfying the Council of Legal Education in that behalf, issued by the said Council of Legal Education with a certificate certifying him as having complied with the relevant provisions of section 11/section 12* of the Legal Practitioners Act, 1973.

3. That two persons have certified that your Petitioner is of good character.

4. That your Petitioner hereby undertakes as to requisite practical experience as required by the provisions of section 13, as read with section 13A, of the Legal Practitioners Act, 1973.

WHEREFORE your Petitioner humbly prays that he may be admitted as a Practitioner. AND your Petitioner will, as in duty bound, ever pray.

DATED the ............................................. day of .............................................19.......................

.............................................

Signature of Petitioner

*Delete as appropriate.

SECOND SCHEDULE

[Paragraph 2]

19 ....... HP/LP .........

IN THE HIGH COURT FOR ZAMBIA AT THE PRINCIPAL REGISTRY, LUSAKA

IN THE MATTER OF: THE LEGAL PRACTITIONERS ACT, 1973

AND

IN THE MATTER OF: A PETITION BY ......................................................................................

FOR ADMISSION AS A PRACTITIONER

AFFIDAVIT

I, .................................................................................................................MAKE OATH AND SAY as follows:

1. That my full names are as stated above.

2. That I am employed as...........................................................................................................

3. That I reside at........................................................................................................................

4. That my nationality is..............................................................................................................

5. That on the ................................ day of ............................................. I filed a Petition in the High Court for Zambia addressed to the Honourable the Chief Justice seeking admission as a Practitioner.

6. That the facts as set out in the said Petition are true and correct.

7. That there is now produced and marked ............................................................................... and exhibited hereto a copy of a certificate under the hand of the Secretary of the Council of Legal Education dated the .................................. day of ....................................................................................................................................... certifying me as having complied with the provisions of section 11/section 12* of the Legal Practitioners Act, 1973.

8. That there is now produced and marked ............................................................................... a document under the hand of ....................................................................................................................................... certifying as to my good character.

9. That there is now produced and marked ............................................................................... a document under the hand of ....................................................................................................................................... certifying as to my good character.

SWORN by the said

.............................................................................

}

at Lusaka this ......................... on the .................

day of....................................................................

BEFORE ME:

...............................................................

Commissioner for Oaths

*Delete as appropriate.

LEGAL PRACTITIONERS (COSTS) ORDER

[Section 70]

Arrangement of Paragraph

   Paragraph

   1.   Title and application

   2.   Costs on Subordinate or High Court Scale

   3.   Application of fixed costs SI 171 of 1990

   4.   Scale of costs in proceedings before commission, tribunal, etc.

   5.   Scale of costs in proceedings in High court

   6.   Revocation of SI 17 of 1990

      SCHEDULE

[Order by the Chief Justice.]

SI 169 of 1990,

SI 187 of 1990,

Act 13 of 1994,

Act 136 of 1997,

Act 46 of 1998.

1.   Title and application

   (1) This Order may be cited as the Legal Practitioners (Costs) Order.

   (2) Scale of costs

This Order shall apply in respect of any business done in any contentious matter pending on the date of this Order or commenced after the publication of this Order.

2.   Costs on Subordinate or High Court Scale

In any proceedings in the High Court which could have been commenced in a subordinate court, costs, where awarded shall be on the appropriate subordinate court scale:

Provided that the Trial Judge, if he is satisfied—

      (i)   that there was sufficient reason for bringing the action in the High Court; or

      (ii)   that the defendant or one of the defendants objected to the transfer of the action to subordinate court; the trial judge may make an order allowing the costs, or any part thereof, on the High Court scale.

3.   Application of fixed costs

The provisions of this Order shall not apply to fixed costs which are provided for in the Practitioners (High Court) (Fixed Costs) Order 1990.

4.   Scale of costs in proceedings before commission, tribunal, etc.

Where a practitioner is entitled or permitted to appear in any proceedings before a commission, tribunal, board or other body, any practitioner so appearing shall be entitled to costs in accordance with the scale set out in the Schedule to this order and the provisions of the High Court Rules in regard to taxation shall apply to the taxation of such costs.

5.   Scale of costs in proceedings in High court

   (1) In any proceedings in the High Court where costs are allowed to any practitioner, they shall be taxed in accordance with the scale of costs set out in the Schedule to this Order.

   (2) Where the trial judge certifies that there were sufficient grounds arising out of the nature important, or the difficulty or urgency of the case, to justify the appearance of two or more practitioners as counsel, the costs allowed in respect of each practitioner shall be taxed in accordance with the scale of costs set out in the Schedule hereto.

6.   Revocation of SI 17 of 1990

The legal Practitioners (Costs) Order 1990, is hereby revoked.

SCHEDULE

[Order 2]

SCALE OF PRACTITIONERS’ COSTS IN CONTENTIOUS MATTERS

PART I

Scale Head

Applicable part of Schedule

Maximum fee
K

1. Institution of proceedings

1.01 for letter of demand

-formal (per page)

5,000.00

-routine (per page)

1,5000.00

1.02 preparing, issuing, filing and service of Writ of Summons, endorsed with a statement of claim

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